# When was the last time a Supreme Court Justice aired views publicly on a presidential candidate? **URL:** \ **Category:** Politics & Elections\ **Created:** [July 11, 2016, 3:17pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658 "2016-07-11T15:17:21Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![OldGuy](https://avatars.discourse-cdn.com/v4/letter/o/3bc359/32.png) [@OldGuy](https://boards.straightdope.com/u/OldGuy)\ **Post date:** [July 12, 2016, 3:11pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/21 "2016-07-12T15:11:29Z")
> [@The\_Other\_Waldo\_Pepper](#): > > Serious question: if this election winds up in a BUSH-V-GORE-esque case that makes it to the Supreme Court, should Ginsburg recuse herself? I’d say no for several reasons. The nomination process has already been horribly politicized. The Bush v Gore decision was exactly along party lines and already tainted the notion that the Supreme Court justices themselves are above politics. I would assume all of the justices vote in the Presidential Election. Should Ginsburg be more “eligible” to recuse herself because she expressed an opinion out loud? ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [July 12, 2016, 4:08pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/22 "2016-07-12T16:08:01Z")
[William O. Douglas](http://www.biography.com/people/william-o-douglas-9278209) was so controversial that there were three different attempts to impeach him, one by Gerald Ford when Ford was in the House. Douglas was certainly no fan of Richard Nixon, but I can only find one public comment he made about Nixon, and that was more of a backhand swipe than real criticism. I guess he saved his actual criticism for his court opinions. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [July 12, 2016, 5:05pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/23 "2016-07-12T17:05:38Z")
> [@The\_Other\_Waldo\_Pepper](#): > > Serious question: if this election winds up in a BUSH-V-GORE-esque case that makes it to the Supreme Court, should Ginsburg recuse herself? I would think so (but IANAL). More importantly, what about any case brought before the court that concerned Trump Administration policies? ---
**Author:** ![The\_Other\_Waldo\_Pepper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_other_waldo_pepper/32/12370_2.png) [@The\_Other\_Waldo\_Pepper](https://boards.straightdope.com/u/The_Other_Waldo_Pepper)\ **Post date:** [July 12, 2016, 5:14pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/24 "2016-07-12T17:14:00Z")
> [@John\_Mace](#): > > I would think so (but IANAL). More importantly, what about any case brought before the court that concerned Trump Administration policies? Well, I wouldn’t go that far; I figure saying someone shouldn’t be president doesn’t mean you disagree with each action he’d take as president, only that it means you think _he shouldn’t be president._ So I figure it’d only directly bear on a case of deciding, y’know, who should be president. ---
**Author:** ![Drunky\_Smurf](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/drunky_smurf/32/449_2.png) [@Drunky\_Smurf](https://boards.straightdope.com/u/Drunky_Smurf)\ **Post date:** [July 12, 2016, 5:14pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/25 "2016-07-12T17:14:24Z")
> [@kayaker](#): > > Is it “fear mongering” if she is truly afraid? Her feeling it no. Her advertising to the world that Trump is going to ruin America so much that she would give up her esteemed Historical job, and letting that go to a Trump pick, and move to another country is. ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [July 12, 2016, 5:15pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/26 "2016-07-12T17:15:23Z")
> [@The\_Other\_Waldo\_Pepper](#): > > Serious question: if this election winds up in a BUSH-V-GORE-esque case that makes it to the Supreme Court, should Ginsburg recuse herself? Yes she should recuse herself, but she won’t. Ginburg should have retired after she told Egyptians that she preferred the South African Constitution over the U.S. Constitution. > **[Ginsburg to Egyptians: I wouldn't use U.S. Constitution as a model](https://www.foxnews.com/politics/ginsburg-to-egyptians-i-wouldnt-use-u-s-constitution-as-a-model)** > > As Egyptian officials prepare to send to trial 19 American democracy and rights workers, Supreme Court Justice Ruth Bader Ginsburg visited Cairo last week where she suggested Egyptian revolutionaries not use the U.S. Constitution as a model for the... Personally, I believe ol’ Ruth has gotten a bit senile and should voluntarily step down. ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [July 12, 2016, 5:20pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/27 "2016-07-12T17:20:00Z")
> [@davidmich](#): > > By the way, do retied Supreme Court Justices still keep the title “Supreme Court Justice” even after they retire. Ex-presidents do. > [@davidmich](#): > > Do retired Supreme Court Justices still keep the title “Supreme Court Justice” even after they retire. Ex-presidents do. Yes, and yes. You should add the words “former” or “retired” to the title. ---
**Author:** ![Knorf](https://avatars.discourse-cdn.com/v4/letter/k/58956e/32.png) [@Knorf](https://boards.straightdope.com/u/Knorf)\ **Post date:** [July 12, 2016, 5:30pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/28 "2016-07-12T17:30:38Z")
It doesn’t seem all that remarkable to me. [Scalia made lots of political comments throughout his term](http://abcnews.go.com/Politics/OTUS/supreme-court-justice-antonin-scalias-political-outbursts/story?id=16694778), to note a recent example. He even went as far as to comment on political topics that were likely to be upcoming cases. Never heard any right-wing outrage about any of it. But in any case, even if Ginsberg’s comments are remarkable, they are a reaction to a major-party candidate who is remarkably unsuitable and unqualified for the Presidency. ---
**Author:** ![BlankSlate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/blankslate/32/80_2.png) [@BlankSlate](https://boards.straightdope.com/u/BlankSlate)\ **Post date:** [July 12, 2016, 5:42pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/29 "2016-07-12T17:42:38Z")
Of course Ginsburg shouldn’t recuse herself. Why? So the rest of the nation can pretend that the Supreme Court isn’t as politicized as the other branches? It’s like adults believing in Santa Claus, ffs. ---
**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\ **Post date:** [July 12, 2016, 5:51pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/30 "2016-07-12T17:51:31Z")
> [@Knorf](#): > > . Never heard any right-wing outrage about any of it. Your linked article is titled “Supreme Court Justice Under Fire for Obama Remarks” and includes “a public rebuke from a well-respected conservative federal appeals court judge”. ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [July 12, 2016, 5:57pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/31 "2016-07-12T17:57:19Z")
All these big tough strong conservatives quivering with rage at a tiny old Jewish _bubbe_. Gotta love it! And may the Goddess hold her snug and safe to Her warm and bountiful bosom all the days of her life! ---
**Author:** ![Knorf](https://avatars.discourse-cdn.com/v4/letter/k/58956e/32.png) [@Knorf](https://boards.straightdope.com/u/Knorf)\ **Post date:** [July 12, 2016, 6:26pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/32 "2016-07-12T18:26:39Z")
> [@CarnalK](#): > > Your linked article is titled “Supreme Court Justice Under Fire for Obama Remarks” and includes “a public rebuke from a well-respected conservative federal appeals court judge”. Hardly noticeble. Is Richard Posner a major player in the Limbaughsphere? No? Is he particularly known as a right wing pundit? Yes? No? Answer: not in the slightest. ---
**Author:** ![The\_Other\_Waldo\_Pepper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_other_waldo_pepper/32/12370_2.png) [@The\_Other\_Waldo\_Pepper](https://boards.straightdope.com/u/The_Other_Waldo_Pepper)\ **Post date:** [July 12, 2016, 6:32pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/33 "2016-07-12T18:32:55Z")
> [@elucidator](#): > > All these big tough strong conservatives quivering with rage at a tiny old Jewish _bubbe_. Gotta love it! There’s [an article](https://www.washingtonpost.com/posteverything/wp/2016/07/12/justice-ruth-bader-ginsburg-has-crossed-way-way-over-the-line/#comments) in the Washington Post noting that, under the code of conduct for federal judges, a judge should not publicly endorse or oppose a candidate for public office. Does the Washington Post count as big tough strong conservatives? ---
**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\ **Post date:** [July 12, 2016, 6:38pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/34 "2016-07-12T18:38:54Z")
> [@Knorf](#): > > Hardly noticeble. Is Richard Posner a major player in the Limbaughsphere? No? Is he particularly known as a right wing pundit? Yes? No? > > Answer: not in the slightest. Can I assume that the thrust of your point is that since there was no Right wing outrage then a lack of Lefty outrage now is perfectly fine? Or more general “both sides do it”? ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [July 12, 2016, 6:44pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/35 "2016-07-12T18:44:38Z")
> [@The\_Other\_Waldo\_Pepper](#): > > There’s [an article](https://www.washingtonpost.com/posteverything/wp/2016/07/12/justice-ruth-bader-ginsburg-has-crossed-way-way-over-the-line/#comments) in the Washington Post noting that, under the code of conduct for federal judges, a judge should not publicly endorse or oppose a candidate for public office. Does the Washington Post count as big tough strong conservatives? I believe what you have there is an “editorial”. Is that the universal and unopposed opinion of all legal _punditti_? And if the answer is “No”, what is your point? ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [July 12, 2016, 6:45pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/36 "2016-07-12T18:45:56Z")
> [@The\_Other\_Waldo\_Pepper](#): > > There’s [an article](https://www.washingtonpost.com/posteverything/wp/2016/07/12/justice-ruth-bader-ginsburg-has-crossed-way-way-over-the-line/#comments) in the Washington Post noting that, under the code of conduct for federal judges, a judge should not publicly endorse or oppose a candidate for public office. Does the Washington Post count as big tough strong conservatives? To be clear, SCOTUS justices are not bound by that, but it sure sets a terrible example. Also, Drezner isn’t a liberal, if that matters. And yeah, I thought the issue at hand was the rightness or wrongness of this action, not whether one side or the other is being hypocritical about it. ---
**Author:** ![The\_Other\_Waldo\_Pepper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_other_waldo_pepper/32/12370_2.png) [@The\_Other\_Waldo\_Pepper](https://boards.straightdope.com/u/The_Other_Waldo_Pepper)\ **Post date:** [July 12, 2016, 6:51pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/37 "2016-07-12T18:51:20Z")
> [@elucidator](#): > > I believe what you have there is an “editorial”. Is that the universal and unopposed opinion of all legal _punditti_? And if the answer is “No”, what is your point? I’m not sure. Is it the opinion of a _majority_ of punditti? A small majority? A large majority? Is it the opinion of more than half of the right-wingers, and more than half of the left-wingers? What’s typically happened in the past when a judge has publicly opposed a candidate running for executive office, and said judge has then wound up as the go-to jurist for ruling on a dispute over the ensuing election? I honestly don’t know. Do you? ---
**Author:** ![The\_Other\_Waldo\_Pepper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_other_waldo_pepper/32/12370_2.png) [@The\_Other\_Waldo\_Pepper](https://boards.straightdope.com/u/The_Other_Waldo_Pepper)\ **Post date:** [July 12, 2016, 6:59pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/38 "2016-07-12T18:59:51Z")
> [@elucidator](#): > > I believe what you have there is an “editorial”. Well, is [this](https://www.washingtonpost.com/politics/courts_law/in-her-remarks-on-the-presumptive-gop-nominee-ruth-bader-ginsburg-may-have-trumped-her-usual-outspokenness/2016/07/11/860ef316-47a5-11e6-bdb9-701687974517_story.html?hpid=hp_hp-top-table-main_supreme-0725pm%3Ahomepage%2Fstory) offering from the Washington Post better or worse, in your opinion? ---
**Author:** ![Knorf](https://avatars.discourse-cdn.com/v4/letter/k/58956e/32.png) [@Knorf](https://boards.straightdope.com/u/Knorf)\ **Post date:** [July 12, 2016, 7:33pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/39 "2016-07-12T19:33:46Z")
> [@CarnalK](#): > > Can I assume that the thrust of your point is that since there was no Right wing outrage then a lack of Lefty outrage now is perfectly fine? Or more general “both sides do it”? Essentially, except that in fact Scalia’s outspokenness was far more inflammatory and at odds with a supposedly non-partisan judiciary. There is not a balance here on both sides, by a long shot. Ideally, judges should continue to refrain from partisan comments. But this specific example is so mild, drumming up outrage about it seems a bit precious at best. ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [July 12, 2016, 7:36pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/40 "2016-07-12T19:36:50Z")
Surprised by RBG. Maybe she’s just at that “I don’t give a fuck about any rules any more, I’m going to say whatever the hell I feel like until I die” age. [Previous page](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658.md?page=1) [Next page](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658.md?page=3)